An Attorney Is Representing the Defendant in a Personal Injury

An attorney is representing the defendant in a personal injury case. She deposed a third-party witness about the witness's knowledge of the plaintiff's physical condition and current abilities. The witness, who is a friend of the plaintiff, testified that he saw the plaintiff slip and fall in the defendant's warehouse while making a delivery and that, since then, he has seen the plaintiff with serious back pain on several occasions. The attorney believes that the witness is lying, but has not obtained any evidence to the contrary. The attorney's paralegal calls the witness on the telephone and claims to be an accident investigator from the union to which both the plaintiff and the witness belong. The paralegal then begins asking questions about the incident at the warehouse, and the witness says that the plaintiff was injured in the fall, but has been to three doctors who all say he has fully recovered. The paralegal then gets the names of the three doctors. Has the paralegal violated any rule of professional conduct?

A) Yes, because the paralegal did not obtain any authorization from his supervising attorney before placing the call and stating he was a union investigator.
B) Yes, because the Model Rules prohibit conduct involving dishonesty, fraud, deceit, or misrepresentation.
C) No, because any prohibition against misconduct in the Model Rules does not apply to non-attorney staff.
D) No, because direct testimony from the three doctors will be admissible even though the paralegal's conversation with the witness is hearsay.

Correct Answer:

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